II 

118TH CONGRESS 

2D SESSION S. 3871 

To establish a whole-home repairs program for eligible homeowners and 

eligible landlords, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 5, 2024 

Mr. FETTERMAN (for himself and Ms. LUMMIS) introduced the following bill; 

which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs 

A BILL 

To establish a whole-home repairs program for eligible 

homeowners and eligible landlords, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Whole-Home Repairs 

5 Act of 2024’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) AFFORDABLE UNIT.—The term ‘‘affordable 

9 unit’’ means a unit with a rental payment that is af10 fordable to a tenant with an income at or below 80 


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1 percent of the area median income, as defined by the 

2 Secretary. 

3 (2) ELIGIBLE HOMEOWNER.—The term ‘‘eligi4 ble homeowner’’ means a homeowner— 

5 (A) with a household income that— 

6 (i) is not more than 80 percent of the 

7 area median income; 

8 (ii) is not more than 200 percent of 

9 the Federal poverty guidelines, as deter10 mined by the Secretary of Health and 

11 Human Services; or 

12 (iii) meets the income eligibility cri13 teria of another program used by a Fed14 eral agency for programs focusing on fami15 lies of limited means, as determined by the 

16 Secretary; and 

17 (B) who is— 

18 (i) an owner of record as evidenced by 

19 a publicly recorded deed and occupies the 

20 home on which repairs are to be conducted 

21 as their principal residence; 

22 (ii) an owner-occupant of the manu23 factured home on which repairs are to be 

24 conducted; or 


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1 (iii) an equitable owner who can dem2 onstrate an ownership interest in the prop3 erty on which repairs are to be conducted, 

4 including a person who has inherited an in5 terest in that property. 

6 (3) ELIGIBLE LANDLORD.—The term ‘‘eligible 

7 landlord’’ means an individual— 

8 (A) who owns, as determined by the rel9 evant implementing organization, fewer than 10 

10 residential rental properties operated as a pri11 mary residence in which a majority ownership 

12 interest is held by the individual, the spouse of 

13 the individual, or the dependent children of the 

14 individual, or any closely held legal entity con15 trolled by the individual, the spouse of the indi16 vidual, or the dependent children of the indi17 vidual, either individually or collectively; and 

18 (B) who agrees to the provisions described 

19 in section 3(c). 

20 (4) ELIGIBLE RENTAL PROPERTY.—The term 

21 ‘‘eligible rental property’’ is a residential property 

22 that is leased, or offered exclusively for lease, as a 

23 primary residence. 

24 (5) FORGIVABLE LOAN.—The term ‘‘forgivable 

25 loan’’ means a loan— 


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1 (A) made to an eligible landlord; 

2 (B) that is secured by a lien recorded 

3 against a residential property in a mortgage se4 curity; and 

5 (C) that shall be forgiven by the imple6 menting organization not later than the date 

7 that is 3 years after the date on which the loan 

8 is made if the eligible landlord has maintained 

9 compliance with the loan agreement described 

10 in section 3(c). 

11 (6) IMPLEMENTING ORGANIZATION.—The term 

12 ‘‘implementing organization’’— 

13 (A) means a unit of local government or a 

14 State that will administer a whole-home repairs 

15 program through a State agency, department, 

16 or other State-level entity or enter into agree17 ments with 1 or more local governments, mu18 nicipal authorities, other governmental authori19 ties, or qualified nonprofits to administer a 

20 whole-home repairs program as a sub-recipient; 

21 and 

22 (B) does not include a redundant entity in 

23 a jurisdiction already served by a grantee under 

24 section 3. 


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1 (7) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

2 has the meaning given the term ‘‘Indian tribe’’ in 

3 section 4 of the Native American Housing Assist4 ance and Self-Determination Act of 1996 (25 U.S.C. 

5 4103). 

6 (8) QUALIFIED NONPROFIT.—The term ‘‘quali7 fied nonprofit’’ means a nonprofit organization that 

8 has— 

9 (A) received funding, as a recipient or sub10 recipient, through— 

11 (i) the Community Development Block 

12 Grant program under title I of the Hous13 ing and Community Development Act of 

14 1974 (42 U.S.C. 5301 et seq.); 

15 (ii) the HOME Investment Partner16 ships program under subtitle A of title II 

17 of the Cranston-Gonzalez National Afford18 able Housing Act (42 U.S.C. 12741 et 

19 seq.); 

20 (iii) the Lead-Based Paint Hazard 

21 Reduction grant program under section 

22 1011 of the Residential Lead-Based Paint 

23 Hazard Reduction Act of 1992 (42 U.S.C. 

24 4852) or a grant under the Healthy 

25 Homes Initiative administered by the SecVerDate Sep 11 2014 02:56 Mar 08, 2024 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3871.IS S3871

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1 retary pursuant to sections 501 and 502 of 

2 the Housing and Urban Development Act 

3 of 1970 (12 U.S.C. 1701z–1, 1701z–2); 

4 (iv) the Self-Help and Assisted Home5 ownership Opportunity program authorized 

6 under section 11 of the Housing Oppor7 tunity Program Extension Act of 1996 (42 

8 U.S.C. 12805 note); 

9 (v) a rural housing program under 

10 title V of the Housing Act of 1949 (42 

11 U.S.C. 1471 et seq.); 

12 (vi) the Neighborhood Reinvestment 

13 Corporation established under the Neigh14 borhood Reinvestment Corporation Act (42 

15 U.S.C. 8101 et seq.); or 

16 (vii) any other program as determined 

17 by the Secretary; 

18 (B) coordinated, performed, or otherwise 

19 been engaged in weatherization, lead remedi20 ation, or home-repair work for not less than 2 

21 years; or 

22 (C) been certified by the Environmental 

23 Protection Agency, or by a State authorized by 

24 the Environmental Protection Agency to admin25 ister a certification program, as— 


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1 (i) eligible to carry out activities 

2 under the lead renovation, repair and 

3 painting program; or 

4 (ii) a Home Certification Organization 

5 under the Energy Star program estab6 lished by section 324A of the Energy Pol7 icy and Conservation Act (42 U.S.C. 

8 6294a) or the WaterSense program under 

9 section 324B of that Act (42 U.S.C. 

10 6294b), or recognized or otherwise ap11 proved by the Environmental Protection 

12 Agency as a Home Certification Organiza13 tion under either of those programs. 

14 (9) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of Housing and Urban Development. 

16 (10) STATE.—The term ‘‘State’’ means— 

17 (A) each State of the United States; 

18 (B) the District of Columbia; 

19 (C) the Commonwealth of Puerto Rico; 

20 (D) any territory or possession of the 

21 United States; and 

22 (E) an Indian Tribe. 

23 (11) WHOLE-HOME REPAIRS.—The term 

24 ‘‘whole-home repairs’’ means modifications, repairs, 


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1 or updates to homeowner or renter-occupied units to 

2 address— 

3 (A) physical and sensory accessibility for 

4 individuals with disabilities and older adults, 

5 such as bathroom and kitchen modifications, in6 stallation of grab bars and handrails, guards 

7 and guardrails, lifting devices, ramp additions 

8 or repairs, sidewalk addition or repair, or door9 way or hallway widening; 

10 (B) habitability and safety concerns, such 

11 as repairs needed to ensure residential units are 

12 fit for human habitation and free from defective 

13 conditions or health and safety hazards; 

14 (C) energy and water efficiency, resilience, 

15 and weatherization; or 

16 (D) other conditions as determined by the 

17 Secretary. 

18 SEC. 3. PILOT PROGRAM. 

19 (a) ESTABLISHMENT.—Not later than 1 year after 

20 the date of enactment of this Act, the Secretary shall es21 tablish a pilot program to provide grants to implementing 

22 organizations to administer a whole-home repairs program 

23 for eligible homeowners and eligible landlords. 

24 (b) USE OF FUNDS.—An implementing organization 

25 that receives a grant under this section— 


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1 (1) shall provide grants to eligible homeowners 

2 to implement whole-home repairs up to a maximum 

3 amount per unit, which maximum amount should— 

4 (A) reflect local construction costs; 

5 (B) be calculated by the implementing or6 ganization; and 

7 (C) be approved by the Secretary; 

8 (2) shall provide loans, which may be forgivable 

9 loans, to eligible landlords to implement whole-home 

10 repairs for individual units and for public and com11 mon use areas within the property up to a maximum 

12 amount per unit, which maximum amount should— 

13 (A) reflect local construction costs; 

14 (B) be calculated by the implementing or15 ganization; and 

16 (C) be approved by the Secretary; 

17 (3) shall provide layered subsidy review of, or 

18 provide assistance to eligible homeowners and eligi19 ble landlords in that review of, whole-home repair 

20 program funds provided under this section with Fed21 eral, State, and local home repair programs to pro22 vide the greatest benefit to the greatest number of 

23 eligible landlords and eligible homeowners and avoid 

24 redundancy; 


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1 (4) may use not more than 10 percent of the 

2 awarded funds to carry out related functions, includ3 ing workforce training, which shall be related to ef4 forts to increase the number of home repairs per5 formed and approved by the Secretary; 

6 (5) may use not more than 10 percent of the 

7 awarded funds for administrative expenses; and 

8 (6) shall comply with Federal accessibility re9 quirements and standards under applicable Federal 

10 fair housing and civil rights laws and regulations, in11 cluding section 504 of the Rehabilitation Act of 

12 1973 (29 U.S.C. 794). 

13 (c) LOAN AGREEMENT.—In a loan agreement with 

14 an eligible landlord under this section, an implementing 

15 organization shall include provisions establishing that the 

16 eligible landlord shall, for each eligible rental property for 

17 which a loan is used to fund repairs under this section— 

18 (1) offer to extend the lease of current tenants 

19 on current terms, other than the terms described in 

20 paragraph (4)(A), for not less than 3 years begin21 ning after the completion of the repairs, unless the 

22 lease is terminated due to failure to pay rent, prop23 erty damage, performance of an illegal act within 

24 the rental unit, a direct threat to the safety of the 


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1 tenants, or a violation of an obligation of tenancy 

2 that the tenants failed to correct after notice; 

3 (2) provide documentation verifying that the 

4 property, upon completion of approved renovations, 

5 has met all applicable State and local housing and 

6 building codes; 

7 (3) attest that the landlord has no known seri8 ous violations of renter protections that have re9 sulted in fines, penalties, or judgments during the 

10 preceding 10 years; 

11 (4)(A) cap annual rent increases for each as12 sisted unit at 5 percent of base rent or inflation, 

13 whichever is lower; or 

14 (B) rent each assisted unit to tenants receiving 

15 tenant-based rental assistance under section 8(o) of 

16 the United States Housing Act of 1937 (42 U.S.C. 

17 1437f(o)), under another tenant-based rental assist18 ance program administered by the Secretary or the 

19 Secretary of Agriculture, or under a tenant-based 

20 rental subsidy provided by a State or local govern21 ment; 

22 (5) comply with Federal accessibility require23 ments and standards under applicable Federal fair 

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1 ing section 504 of the Rehabilitation Act of 1973 

2 (29 U.S.C. 794); and 

3 (6) ensure that— 

4 (A) all repairs funded or facilitated 

5 through an award under this section have been 

6 completed; 

7 (B) if repairs are not completed and the 

8 plan for whole-home repairs is not updated to 

9 reflect the new scope of work, that the loan or 

10 grant is repaid on a prorated basis based on 

11 completed work; and 

12 (C) any unused grant or loan balance is re13 turned to the implementing organization. 

14 (d) APPLICATION.— 

15 (1) IN GENERAL.—An implementing organiza16 tion desiring an award under this section shall sub17 mit to the Secretary an application that includes— 

18 (A) the geographic scope of the whole19 home repairs program to be administered by 

20 the implementing organization, including the 

21 plan to address need in any rural, suburban, or 

22 urban area within a jurisdiction; 

23 (B) a plan for selecting sub-recipients, if 

24 applicable; 


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1 (C) how the implementing organization 

2 plans to execute the coordination of Federal, 

3 State, and local home repair programs, includ4 ing programs administered by the Department 

5 of Energy or the Department of Agriculture, to 

6 increase efficiency and reduce redundancy; 

7 (D) available data on the need for afford8 able and quality housing, and any plans to pre9 serve affordability through the term of the 

10 award; 

11 (E) how the implementing organization 

12 plans to process and verify applications for 

13 grants from eligible homeowners and applica14 tions for loans from eligible landlords; and 

15 (F) such other information as the Sec16 retary requires to determine the ability of an 

17 applicant to carry out a program under this 

18 section. 

19 (2) CONSIDERATIONS.—In making awards 

20 under this section, the Secretary shall— 

21 (A) with respect to applications submitted 

22 by States other than the District of Columbia 

23 and the territories of the United States, 

24 prioritize those applications with a dem25 onstrated plan to— 


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1 (i) make a good faith effort to imple2 ment the pilot program in every jurisdic3 tion; and 

4 (ii) provide non-metropolitan areas, or 

5 sub-recipients serving non-metropolitan 

6 areas if applicable, with a share of total 

7 funds commensurate to their population; 

8 (B) aim to select applicants so that the 

9 awardees collectively span diverse geographies, 

10 with an intent to understand the impact of the 

11 pilot program under this section in urban, sub12 urban, rural, and Tribal settings; and 

13 (C) not disqualify implementing organiza14 tions that were awarded grants under the pilot 

15 program in prior application cycles. 

16 (e) PROGRAM INFORMATION.—The Secretary shall 

17 make available to grant recipients under this section infor18 mation regarding existing Federal programs for which 

19 grant recipients may coordinate or provide assistance in 

20 coordinating applications for those programs in accord21 ance with subsection (b)(3). 

22 (f) GRANT NUMBER.—In each year in which an 

23 award is made under this section, the Secretary shall 

24 award assistance to— 


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1 (1) not less than 2, and not more than 10, im2 plementing organizations, as application numbers 

3 and funding permit; and 

4 (2) not more than 1 implementing organization 

5 in any State. 

6 (g) LOANS THAT ARE NOT FORGIVEN.—If a loan 

7 made by an implementing organization under subsection 

8 (b)(2) is not forgiven, the loan repayment funds may be 

9 reused by the implementing organization for a new whole10 home repair grant or loan under this section. 

11 (h) SUPPLEMENT, NOT SUPPLANT.—Amounts 

12 awarded under this section to implementing organizations 

13 shall supplement, not supplant, other Federal, State, and 

14 local funds made available to those entities. 

15 (i) STREAMLINING PROGRAM DELIVERY AND ENSUR16 ING EFFICIENCY.—To the extent possible, in carrying out 

17 the pilot program under this section, the Secretary shall— 

18 (1) endeavor to improve efficiency of service de19 livery, as well as the experience of and impact on the 

20 taxpayer, by encouraging programmatic collabora21 tion and information sharing across Federal, State, 

22 and local programs for home repair or improvement, 

23 including programs administered by the Department 

24 of the Agriculture; and 


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1 (2) enhance collaboration and cross-agency 

2 streamlining efforts that reduce the burdens of mul3 tiple income verification processes and applications 

4 on the eligible homeowner, the eligible landlord, the 

5 implementing organization, and the Federal Govern6 ment, including by establishing assistance applica7 tion procedures for income eligibility under this Act 

8 that recognize income eligibility determinations for 

9 assistance using any of the criteria under section 

10 2(2)(A) that have been used for assistance applica11 tions during the 1-year period preceding the date on 

12 which an eligible homeowner or eligible landlord ap13 plies for assistance under this Act. 

14 (j) REPORTING REQUIREMENTS.— 

15 (1) ANNUAL REPORT.—An implementing orga16 nization that receives a grant under this section 

17 shall submit to the Secretary an annual report that 

18 includes— 

19 (A) the number of units served, including 

20 reporting on both homeownership and rental 

21 units; 

22 (B) the average cost per unit for modifica23 tions or repairs and the nature of those modi24 fications or repairs, including reporting on both 

25 homes and rental units; 


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1 (C) the number of applications received, 

2 served, denied, or not completed; 

3 (D) the aggregated demographic data of 

4 grant recipients, which may include data on in5 come range, urban suburban, and rural resi6 dency, age, and racial and ethnic identity; 

7 (E) the aggregated demographic data of 

8 loan recipients, which may include data on in9 come range, urban suburban, and rural resi10 dency, age, and racial and ethnic identity; 

11 (F) in the first year of receiving a grant, 

12 and as certified in subsequent reports, a com13 prehensive plan to prevent waste, fraud, and 

14 abuse in the administration of the pilot pro15 gram, which shall include, at a minimum— 

16 (i) a policy enacted and enforced by 

17 the implementing organization to monitor 

18 ongoing expenditures under this title and 

19 ensure compliance with applicable regula20 tions, including compliance with Federal 

21 accessibility requirements; 

22 (ii) a policy enacted and enforced by 

23 the implementing organization to detect 

24 and deter fraudulent activity, including 

25 fraud occurring in individual projects and 


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1 patterns of fraud by parties involved in the 

2 expenditure of funds under this section; 

3 (iii) a statement setting forth any vio4 lations detected by the implementing orga5 nization during the previous calendar year, 

6 including details about steps taken to 

7 achieve compliance and any remedial meas8 ures; and 

9 (iv) a certification by the chief execu10 tive or most senior compliance officer of 

11 the organization that the organization 

12 maintains sufficient staff and resources to 

13 effectively carry out the above-mentioned 

14 policies; and 

15 (G) such other information as the Sec16 retary may require. 

17 (2) REPORTING REQUIREMENT ALIGNMENT.— 

18 To limit the costs of implementing the pilot program 

19 under this section, the Secretary shall endeavor, to 

20 the extent possible, to structure reporting require21 ments such that they align with the data reporting 

22 requirements in place for funding streams that im23 plementing organizations are likely to use in part24 nership with funding from this section, including the 

25 reporting requirements under— 


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1 (A) the Community Development Block 

2 Grant program under title I of the Housing and 

3 Community Development Act of 1974 (42 

4 U.S.C. 5301 et seq.); 

5 (B) the HOME Investment Partnerships 

6 program under subtitle A of title II of the 

7 Cranston-Gonzalez National Affordable Hous8 ing Act (42 U.S.C. 12741 et seq.); 

9 (C) the Weatherization Assistance Pro10 gram for low-income persons established under 

11 part A of title IV of the Energy Conservation 

12 and Production Act (42 U.S.C. 6861 et seq.); 

13 and 

14 (D) the Native American Housing Assist15 ance and Self-determination Act of 1996 (25 

16 U.S.C. 4101 et seq.). 

17 (3) PILOT PROGRAM PERIOD REPORTS.—Not 

18 less frequently than twice during the period in which 

19 the pilot program established under this section op20 erates, the Office of the Inspector General of the 

21 Department of Housing and Urban Development 

22 shall complete an assessment of the implementation 

23 of measures to ensure the fair and legitimate use of 

24 the pilot program. 


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1 (4) SUMMARY TO CONGRESS.—The Secretary 

2 shall submit to the Committee on Banking, Housing, 

3 and Urban Affairs of the Senate and the Committee 

4 on Financial Services of the House of Representa5 tives an annual report providing a summary of the 

6 data provided under paragraphs (1) and (3) during 

7 the 1-year period preceding the report and all data 

8 previously provided under those paragraphs. 

9 (k) FUNDING.—The Secretary is authorized to use up 

10 to $25,000,000 of funds made available as provided in ap11 propriations Acts for programs administered by the Office 

12 of Lead Hazard Control and Healthy Housing to carry 

13 out the pilot program under this section. 

14 (l) TERMINATION.—The pilot program established 

15 under this section shall terminate on October 1, 2029. 

Æ 


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